221 A.D.2d 465 633 N.Y.S.2d 563

The People of the State of New York, Respondent, v Peter Gravesandy, Appellant.

[633 NYS2d 563]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered August 12, 1991, convicting him of criminal possession of a controlled substance in the second degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reversing the conviction for criminal possession of a controlled substance in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

As the People correctly concede, since criminal possession of a controlled substance in the third degree was not among the counts submitted to the jury at a prior trial on the indictment, resulting in a partial verdict, it was fundamental error for the court to submit that count to the jury at the instant trial (see, People v Williams, 133 AD2d 717, 718-719; People v Anderson, 111 AD2d 124).

The defendant’s remaining contentions are unpreserved for appellate review or without merit (see, People v Gray, 86 NY2d 10; People v Sanchez, 86 NY2d 27). Thompson, J. P., Joy, Gold-stein and Florio, JJ., concur.

People v. Gravesand
221 A.D.2d 465 633 N.Y.S.2d 563

Case Details

Name
People v. Gravesand
Decision Date
Nov 13, 1995
Citations

221 A.D.2d 465

633 N.Y.S.2d 563

Jurisdiction
New York

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